Litigation Outside of the Supreme Court

Federal courts have deliberated a surfeit of cases implicating the Establishment Clause and recent contests have focused on both the relationships between private groups exercising religious customs and government action and possible endorsement. As evinced by this snapshot of recent developments, the federal courts questions pertaining to various religious practices in relation to the Establishment Clause. Town of Greece v. Galloway emanates from the US Court of Appeals for the Second Circuit, which found the town's legislative prayer to be unconstitutional.

In July 2011, courthouses in Florida and Ohio were barred from displaying the Ten Commandments under the First Amendment. In both cases, the religious material was defended as freedom of speech, but because it received the benefit of government funds, it created an unacceptable spectre of an endorsement of religion, even when it was displayed next to excerpts from agnostic philosophies.

In April 2010, the US District Court for the Western District of Wisconsin ruled that the national day of prayer violated the Establishment Clause because it exceeded an "acknowledgment" of religion to the point of government-backed encouragement that Americans engage in non-secular activities.

In January 2005, the US Court of Appeals for the Fifth Circuit ordered the removal of a Bible from a display outside of a Texas Courthouse. The display was funded by the private homeless mission and struck down for creating the appearance of a government endorsement of faith.